An Obama era activist judge is once again inserting himself directly into immigration enforcement, and this time the consequences are staggering. U.S. District Judge James Boasberg has ordered the Trump administration to facilitate the return of Venezuelan nationals who were lawfully removed from the United States and transferred to El Salvador. Yes, returned, after being deported under a statute that has existed for more than two centuries.
The ruling, issued late Monday out of the U.S. District Court for the District of Columbia, stems from a lawsuit filed by far left immigration activists furious over President Trump’s use of the Alien Enemies Act to remove suspected members of the violent Venezuelan gang Tren de Aragua. This is the same gang tied to brutal crimes across the Western Hemisphere, now being treated by the courts as misunderstood victims of bureaucracy.
What makes this even more absurd is that the Supreme Court of the United States already stepped in back in April and vacated Boasberg’s earlier orders blocking these removals. The high court made clear that Boasberg lacked jurisdiction. While the Supreme Court said deportees must be given reasonable notice to challenge their removal, it did not authorize district judges to run foreign policy or immigration enforcement from the bench.
Undeterred, Boasberg doubled down in June, ruling that nearly all of the roughly 140 Venezuelan gang members sent to El Salvador’s CECOT mega prison were deported illegally. He claimed they were denied due process and must be given a chance to seek habeas relief in U.S. courts. In a sweeping 43 page opinion released Monday night, Boasberg invented a theory of “constructive custody,” arguing that the United States somehow maintained control over these men even after transferring them to a foreign sovereign.
To justify this, Boasberg cited prisoner exchanges and diplomatic coordination with El Salvador and Venezuela, including the return of individuals at U.S. request. From this, he concluded the Trump administration retained power over the detainees and therefore his court could order their return. It is a stunning expansion of judicial authority, essentially claiming that any foreign cooperation gives federal judges jurisdiction worldwide.
Boasberg went so far as to write that “significant evidence” suggests many of those held at CECOT have no connection to Tren de Aragua, dismissing intelligence assessments as flimsy or frivolous. That judgment call, apparently, now belongs to a single district judge rather than federal law enforcement or the executive branch.
As a remedy, Boasberg ordered the Trump administration to facilitate the return of more than 100 Venezuelan men so they can challenge their deportations in U.S. courts. The administration has until January 5, 2026, to comply.
This ruling is not about due process. It is about power. It signals to criminal networks and foreign nationals alike that deportation is no longer final, borders are negotiable, and activist judges can override national security decisions. Once again, the courts are not just interpreting the law, they are actively sabotaging enforcement.
Leave a Comment